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(c) 2018 Jon L Gelman, All Rights Reserved.

Sunday, October 28, 2018

Taxi cab driver awarded workers compensation benefits

A New Jersey appellate court held that a taxi cab driver should be considered employee under both the "right to control test" and “the nature of the work test.” The Court further held that the parties are bound by a prior unreported decision from the appellate court since the parties were the same.

In reversing the trial court, the Appellate Division noted that: the cab driver work exclusively as a driver his employer for 11 years; he was required to paint the car a specific color; post the company's logo to the side and front of the car; and also post the company telephone number on the vehicle.

The cab driver was unable to pick up fares without being dispatch specifically by taxi cab service. The driver's sole income for his entire tenure with the employer was from the employer exclusively.

This decision is particularly interesting in light of the present gig economy and riding services offered such as Uber and Lyft. The fact situations of those entities under “the nature of the work test” and “the right to control test” appear very close.

Pendola v. Milenio Express, Inc., 2018 WL 5304570, Oct. 26, 2018, A-0255-17T2

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3.

1:36-3. Unpublished Opinions No unpublished opinion shall constitute precedent or be binding upon any court. Except for appellate opinions not approved for publication that have been reported in an authorized administrative law reporter, and except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no unpublished opinion shall be cited by any court. No unpublished opinion shall be cited to any court by counsel unless the court and all other parties are served with a copy of the opinion and of all contrary unpublished opinions known to counsel.

Note: Adopted July 16, 1981 to be effective September 14, 1981; caption and rule amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002; amended July 23, 2010 to be effective September 1, 2010.


Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
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